Attorneys

DAVID A. SMITH, ESQ.

David A. Smith has extensive experience in Mental Hygiene Law Article 81 guardianship proceedings, having been the attorney of record for the petitioner in more than 200 such cases since Mental Hygiene Law Article 81 came into effect in April 1993 and having acted in the Court-appointed roles of guardian, special guardian, counsel for the alleged incapacitated person and court evaluator in numerous cases. Mr. Smith is a litigator with over thirty-five years of experience in general civil litigation.

From 1979 through 1981, he was the Assistant Attorney General in Charge of the New York State Department of Law’s Plattsburgh Regional Office, covering Clinton, Essay and Franklin counties. From 1981 through 1987, Mr. Smith was the Assistant Attorney General In Charge of the New York State Department of Law's Nassau County Regional Office. From 1987 through 1991, he was a litigation associate at the Long Island firm of Meyer, Suozzi, English & Klien, P.C.

During 1992, David Smith took a year off from the private practice of law and was Counsel to the Society for the Right to Die/Choice in Dying, a nationwide organization based in New York. From November 1992 to March 1996, David Smith was a partner at Russo & Atlas, where he was in charge of the firm's Litigation Department. In March 1996, David Smith opened his own law firm, and has centered his practice in the guardianship, contested guardianship, and estate litigation fields.

David Smith has a well-earned reputation as a zealous and effective advocate for his clients, particularly in contested estate, trust and guardianship proceedings, and fights hard to protect their interests. Our firm is known for our effective representation of our clients in the most highly-contested and difficult cases. Our attorneys have extensive experience in such situations, and our combined decades of experience is of great value to our clients.

DANIEL J. SMITH, ESQ.

Daniel Smith is David Smith’s son and associate who has been involved in various aspects of Mental Hygiene Law Article 81 guardianship proceedings since the summer of 2004, when he was a summer intern with the Mental Hygiene Legal Service following his first year of law school. He was admitted to practice law in the State of New York in 2007, and began representing clients in the Courtroom immediately after his admission to the bar.

He has served as Petitioner’s and Cross-Petitioner’s Counsel in both uncontested and highly-contested guardianship proceedings in Nassau, Suffolk and Queens Counties. He has also served as Court Evaluator in Nassau, Suffolk and Queens Counties and as Court-Appointed Counsel in Article 81 guardianship proceedings in Nassau and Suffolk Counties. He is qualified to serve as Guardian, Court Evaluator, and Counsel for Alleged Incapacitated Persons and Guardians in Nassau, Suffolk and Queens Counties.

Daniel Smith has a large body of experience representing clients at hearings in both the Supreme Court and in Medicaid-related administrative fair hearings, and is known for his responsiveness and availability to our clients.

ROBERT J. MITCHELL, ESQ.